HomeMy WebLinkAbout03/21/2006 Business Meeting 4 8.1,
BUSINESS MEETING
OF THE YAKIMACITY COUNCIL
MARCH 21, 2006 - 5:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present:
Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah
Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman
Staff: City Manager Zais, City Attorney Paolella and City Clerk in Training Moore
Mayor Edler called the meeting to order.
•
2. Executive Session regarding pending litigation
WHITMAN MOVED AND JOHNSON SECONDED TO MOVE INTO EXECUTIVE
SESSION FOR APPROXIMATELY ONE HOUR TO DISCUSS PENDING LITIGATION.
The motion carried by unanimous voice vote.
6:00 P.M. - PUBLIC SESSION
1. Roll Call
Present:
Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah
Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman
Staff: Dick Zais, City Manager; Ray Paolella and City Clerk in Training Moore
2. Invocation /Pledge of Allegiance
Council Member McClure gave an Invocation followed by the Pledge of Allegiance
3. Open Discussion for the Good of The Order /Special Presentation
A. Proclamations
• K. Wendell Adams Appreciation
Mayor Edler read a proclamation in appreciation of K. Adams service to the City of
Yakima as City Engineer and expressed congratulations and good wishes in his new
endeavor.
• Fran Garcia Appreciation
Mayor Edler read a proclamation for Fran Garcia congratulating her on her
retirement after 21 years of service with the City.
B. Special Presentations
None
4 8.2.
MARCH 21, 2006
C. Status report on prior meeting's citizen service request
None
D. Appointments to Council Boards and Commissions
• Yakima Downtown Association
Council Member Johnson requested this item be withdrawn from the agenda at this
time to allow the opportunity to review two new applications that had just been
received and to determine who haS appointing authority. Council Member
Bonlender explained the four members were up for reappointment. JOHNSON
MOVED AND McCLURE SECONDED TO REFER THE ITEM TO THE MAYOR
AND HAVE HIM APPOINT A SUBCOMMITTEE FOR APPOINTMENTS. Council
Member Bonlender went on to explain that these four members already serve and
represent their areas. Business owners pay dues and are their own entity. City
Manager Zais pointed out that the reason Council is doing the appointing is because
it is a Council created body, by resolution, and was set up based on ownership
representation. The Council representative on that committee is Council Member
Bonlender. The question was called for a vote on the motion. The motion
carried by a 5 -2 roll call vote; McClure and Bonlender voting nay.
4. Consent agenda
Mayor Edler referred to the items placed on the Consent Agenda, questioning whether
there were any additions or deletions from either Council members or citizens present.
Item No. 10 was added to the Consent Agenda. The Acting City Clerk read the Consent
Agenda items, including resolutions and ordinances by title. McCLURE MOVED
BONLENDER SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The
motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an
asterisk ( *) indicate items on the Consent Agenda handled under one motion without
further discussion.)
*A. Approval of the minutes of the January 3 and 17, 2006 Business meetings
The minutes of the January 3 and 17, 2006 Business meetings were approved, having
been duly certified accurate by two Council members and no one present wishing to
have said minutes read publicly.
5. Audience Participation
David Picatti, North Front Street Improvement Association, thanked Council for their
support in the improvement program.
Mike Hunnel, 913 S. 4 th Ave., passed out a packet of surveys regarding businesses
that were not in compliance with ADA parking requirements. He also requested
material he has previously supplied be returned to him. He was reminded that there
is a study session on this subject scheduled for March 28, 2006.
Verna Wilde, 1204 E. Spruce Street, expressed concern about improvements that
were to be made on the east side of town that have not been accomplished;
specifically, providing five lanes to the fairgrounds from the Yakima area and then
2
483
MARCH.21, 2006
around to Lincoln Avenue. Nothing has happened and the congestion is increasing.
She also expressed concern about the low- income housing coming into that area.
City Manager Zais pointed out that this year is the update of the GMA and the Capital
Facilities Plan under the GMA. That is a good place to make these things known.
Rudy Kezele submitted lyrics of a song he has written to promote the city and
requested time at a future Council meeting to perform the song with his musical group.
Henry Herron urge the Council to do something about noise pollution, specifically loud
cars and music. He said he has done some research on -line and there are
organizations trying to address the problem. Mayor Edler said we would advise what
the Municipal Code says we can and can't do at a future meeting.
Because it was before 7:00 p.m., the meeting proceeded to Item 9 on the agenda.
7:00 P.M. - PUBLIC HEARING
6. Public Hearing to provide an opportunity for citizen comments from
proponents and opponents on Proposition No. 1 on whether the City of
Yakima shall be annexed to and be part of Rural Library District #1 of
Yakima County
City Attorney Paolella explained the laws governing the hearing, RCW 42.17.130, and
verified that all necessary criteria have been met. The Council's options at the
conclusion of the hearing are to remain neutral, oppose, or support the ballot
proposition.
City Manager Zais gave further background on the issue. In February, the City
Council agreed to put the issue before the voters. The County Commissioners have
also agreed and the election is planned for April 25` The City and the Library have
agreed to share election costs, approximately $65,000 as a consequence of the new
mail -in ballots and it being a special election. Mr. Zais explained how it was the
Budget Strategy Team's proposal to annex to the Rural Library District to provide
certainty of funding to the Library. The City's priorities are public safety, e.g. police,
fire, and code enforcement and the library is competing with those items, as well as
with the costs for indigent defense and jail costs.
Rita DeBord, Finance and Budget Director, explained the consequences of a yes vote.
Currently city citizens pay property taxes to the city who then pay for library services.
A yes vote would change that from the city assessing and receiving those funds to the
library district itself assessing and receiving the funds. Another change would be the
amount of funding and the impact on property tax. Based on assumptions from the
2006 assessed values and property tax levies, the likely impact would be an increase
of approximately 22 cents per thousand dollars of assessed value. For example,
$100,000 of property would cause approximately $22 dollars more a year in property
taxes. That 22 cents would be split, i.e. $0.15 more to the library over and above what
they are getting today for a total of $0.48. The city property tax levy would decrease
from the current $3.38 to approximately $3.12, so our rate goes down, our revenue is
reduced, but is also offset by reduction in expenditure. Ultimately the city would
experience a gain of about a $0.07 per thousand.
3
484
MARCH 21, 2006
City Manager Zais summarized the impact of a no vote. The impact on City funding of
the library would depend on the pressures from the City's priorities and resources.
The next available opportunity for another election, should this vote be declined, would
be in 2007 and would affect the 2008 budget cycle.
If the library is annexed, at least one of the trustees in their five - member board would
be a city resident.
Monica Wayhe, Library Director, reiterated what the City Manager said, that the
money coming in is decreasing and is not enough to operate all the library branches.
The library competes with public services and the money available for those needs is
decreasing. The library can't compete. They are trying to avoid a crisis with a new
way of doing business, through annexation. A group of "friends of the library" have
come together to work on this issue. The library board is not allowed to hold a public
hearing, so they asked the City Council for this opportunity.
• Mayor Edler opened the public hearing
The following people came forward to speak in support of the annexation:
Laura Culbertson Lynne Kittelson
Adrianne Garner Terry Martin
Rosemary Rief Trechell Elliot
Larry Morehouse Martha Mathews
Yvonne Wilbur Bernie Sims
Janet Drake Martin Chacon
Joan Tott Rosie Mendoza
Charles Chesney George Wilbur
No one came forward to speak against the annexation.
• Closed the public hearing
Following a short break, the meeting reconvened at 8:14 p.m.
Mayor Edler voiced his support of this annexation. BONLENDER MOVED AND
McCLURE SECONDED TO HAVE THE CITY COUNCIL ENDORSE THE BALLOT
INITIATIVE AND ENCOURAGE CITIZENS TO VOTE FOR IT. Council Member
Cawley commented that he is hearing the citizens say they want the library prioritized
up there with public safety. Council Member Lover said he feels it is not appropriate
to endorse initiatives of any sort. The motion carried by a 5 -2 roll call vote; Cawley
and Lover voting nay.
7. Public Hearing on 2006 -2011 Parks and Recreation Comprehensive Plan
Chris Waarvick, Public Works Director, recommended opening the public hearing
tonight and reviewing as much comment as possible, and then continuing it to April 4th
for final consideration.
• Mayor Edler opened the public hearing
4
485
MARCH ,21, 2006
Mary Place, representing the William O. Douglas Committee, spoke in support of the
plan as it relates to the pathways. She requested, under chapter 9 on page 6 where it
lists all the projects, adding the 40 Avenue and Fruitvale project; possibly linking the
Greenway Path, Cowiche City, William O. Douglas, and possibly a pathway out to
Naches.
Elizabeth Herres Miller, 4912 Scenic Terrace, commented that having policies in place
to support art in public places is important. She encouraged public /private investment
in public arts and would like to see an artistic component added to the plan. She
referenced an example in Tacoma's Comprehensive Plan.
Larry Mattson, an Allied Arts Board Member, said an on -line survey Allied Arts
conducted had about 500 responses that endorsed Elizabeth Herres Miller's letter and
supported the Tacoma idea.
Lynne Kittelson, 305 North 9 th Street, complained about not seeing the plan sooner
and said there was very little in the plan about developing pathways on the east side of
town and recommend that be included. She suggested postponing this decision and
taking it to community meetings.
• Mayor Edler closed the public hearing
Council Member Lover supported deferring the final decision. Denise Nichols, Parks
and Recreation Manager, explained the necessary timeframe. It has to be adopted by
May for this round of funding. Mrs. Nichols said their practice is to incorporate all
public comments into the document. Council Member Cawley suggested that these
ideas go further into the document than just under the public comment section. Mrs.
Nichols responded that this planning document must be broad based. If opportunities
come along in the next six years, they go back and review the policies on public parks.
She said it is appropriate that we reference public art if the Council desires. CAWLEY
MOVED AND WHITMAN SECONDED TO CONTINUE THE PUBLIC HEARING TO
THE APRIL 4 TH COUNCIL MEETING. The motion carried by unanimous voice vote.
8. Public Hearing on an amendment to the Six -year Transportation Improvement
Program for 2006 -2011
Kay Adams, City Engineer, explained that the six -year transportation plan is updated
annually, and then comes forward with amendments. This amendment is to add back
in the Nob Hill and 6 th Street project so we can bid it. Also the West Yakima Avenue
project needs to be included so we can try and leverage that money.
• Mayor Edler opened the public hearing
No one came forward to speak.
• Mayor Edler closed the public hearing
The Acting City Clerk read the resolution by title only; McCLURE MOVED AND
CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by
unanimous roll call vote.
5
48.6
MARCH 21, 2006
RESOLUTION NO. R- 2006 -40, A RESOLUTION to amend the Six -year
Transportation Improvement Program (STIP) for the period of 2006 -2011 to include
projects affecting the City's Transportation Plan.
CITY MANAGER'S REPORTS
9. Consideration of Resolution authorizing execution of interlocal agreement with
Yakima Basin Fish and Wildlife Recovery Board for implementation of the Salmon
Recovery Plan
Joe Freudenthal, fish biologist, explained that this resolution establishes the Fish and
Wildlife Recovery Board by combining two existing boards related to salmon recovery.
The Interlocal Agreement is signed by all except the Yakama Indian Nation. It will be a
10- member board and will likely include over 20 jurisdictions. The lead agency is Selah.
The City of Yakima will nominate representatives to the board. If the Nation does not sign
the agreement, the new board will not come into existence. The Acting City Clerk read
the resolution by title only; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT
THE RESOLUTION. The motion carried by unanimous roll call vote. Mayor Edler
reaffirmed that Council Members McClure and Cawley are the representative and
alternate to this Board.
RESOLUTION NO. R- 2006 -41, A RESOLUTION authorizing the execution of an Interlocal
Agreement associating the City of Yakima with the YAKIMA BASIN FISH AND WILDLIFE
RECOVERY BOARD, a regional fish and wildlife recovery organization, and appointing a
member of the City Council to serve as a member of the Yakima Basin Fish and Wildlife
Recovery Board as well as the Board of Directors if such participation is requested, for the
purpose of coordinated efforts to improve and enhance fish and wildlife habitat in the
Yakima River Basin.
Council took a break at this time and reconvened at 7:00 p.m. for the Public Hearings.
*10 Consideration of Resolution authorizing execution of professional services
contract with the Hispanic Chamber of Commerce
•
RESOLUTION NO. R- 2006 -42, A RESOLUTION authorizing the City Manager of the City
of Yakima to execute an agreement with the Hispanic Chamber of Commerce of Yakima
County for the purpose of fostering community economic development, citizen
participation in City government, and improvement of the quality of life in Yakima.
11. Consideration of Resolution authorizing submission of job development fund grant
applications
This item was removed from the agenda.
6
487
MARCH 21, 2006
*12. Consideration of Resolution authorizing execution of agreements with the
Washington State Department of Transportation regarding a turnback agreement
and quitclaim deeds on East Yakima Avenue
RESOLUTION NO. R- 2006 -43, A RESOLUTION to authorize the City Manager to execute
documents and agreements with the Washington State Department of Transportation
pursuant to a turnback agreement and quitclaim deeds on East Yakima Avenue.
*13. Consideration of Resolution authorizing execution of contract with RKR
Promotions for State Fair Raceway fire service agreement
RESOLUTION NO. R- 2006 -44, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a fire and safety services agreement between
the City of Yakima and the RKR Promotions, LLC, regarding fire and safety services for
racing events at State Fair Raceway.
*14. Notice of Intent to commence Vander Houwen Annexation in the vicinity of 7400
block of Scenic Drive (adopt Standard Motions A & B)
March 21, 2006 was set as the time of a meeting with the initiating parties who have
signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties
being Kristen Thorp and Karen White. The annexation proposed by the above parties
was accepted by the City of Yakima, and the area to be annexed will be required to
assume its share of the City's existing indebtedness, and staff was directed to file a
Notice of Intent to Annex with the Yakima County Boundary Review Board.
*15. Consideration of Resolution authorizing execution of an agreement with Union
Bank of California for provision of investment security custodial services
RESOLUTION NO. R- 2006 -45, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a Security Custody Services Agreement with
Union Bank of California for provision of investment security custody services.
*16. Consideration of Resolution authorizing execution of agreements for pool rental for
the 2006 and 2007 seasons with:
A. Yakima Athletic Club Swim Team
RESOLUTION NO. R- 2006 -46, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an agreement with the Yakima Athletic Club for
rental of city pool facilities for the 2006 and 2007 swim team seasons.
B. YMCA Swim Team
RESOLUTION NO. R- 2006 -47, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an agreement with the YMCA for rental of city
pool facilities for the 2006 and 2007 swim team seasons.
7
488
MARCH 21, 2006
*17. Consideration of Resolution authorizing execution of agreement with Yakima
County Fire District #1 to provide breathing apparatus maintenance
RESOLUTION NO. R- 2006 -48, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an interlocal agreement with Yakima County
Fire Protection District No. 1 regarding the use of City of Yakima Fire Department
technicians, facilities and equipment to provide flow- testing services of the District's self -
contained breathing apparatus.
*18. Set April 17, 2006 and April 19, 2006 as the date for a Closed Record Public Hearing
regarding an appeal of the Hearing Examiner's decision on the Wal -Mart Class (2)
application
April 17, 2006 and April 19, 2006 were set as dates for a closed record public hearing
regarding an appeal of the Hearing Examiner's decision on the Wal -Mart Class (2)
application.
ORDINANCES
19. Consideration of Legislation regarding the renaming of streets:
A. Ordinance amending Yakima Municipal Code Section 8.70.050 (E) relating to
the renaming of streets to provide that the renaming of city streets is done by
ordinance and deleting a six -month period before the renaming of streets is
effective
Bill Cook, Director of Community and Economic Development, advised that at the March
7 Public Hearing, the Council directed staff to put a provision in place so that a name
change would not take six months. This is an opportunity to amend the May 17 2005
ordinance to 1) change street names by ordinance not by resolution and 2) delete any
language about a six -month mandatory delay and leave it up to a case -by -case review
by Council. If Council agrees, it is suggested the actual street name change for B Street
be covered both ways, by resolution and ordinance. The Post Office requires a
minimum of 60 days to accommodate a street name change. The Streets Division said
they could be ready in 60 days. The affected businesses also agreed to 60 days. It was
also recommended that the change take place on the first day of the month. They are
recommending June 1 as the effective date. Reverend Trimble was agreeable and
would like to plan an event for that date.
The Acting City Clerk read the ordinance by title only; McCLURE MOVED AND
BONLENDER SECONDED TO PASS THE ORDINANCE.
WHITMAN MOVED TO AMEND IT TO 90 DAYS RATHER THAN NOT GIVING A TIME
PERIOD. Helen Harvey, Assistant City Attorney, explained that amending the ordinance
for the street renaming process by deleting the six -month specification means that, in
the future, Council would decide on a case -by -case basis. The motion to amend died
due to a lack of a second. The question was called for a vote on the original
motion. The motion carried by a 6 -1 roll call vote; Whitman voting nay.
8
48..9
MARCH 21, 2006
BONLENDER MOVED AND LOVER SECONDED TO AMEND THE MARTIN LUTHER
KING, JR. RENAMING RESOLUTION BY INSERTING JUNE 1, 2006. The motion
carried by unanimous voice vote.
ORDINANCE NO. 2006 -07, AN ORDINANCE relating to the naming and renaming of
city streets; and amending Section 8.70.050(E) of the Yakima Municipal Code on the
renaming of streets to provide that the renaming of city streets is done by ordinance
rather than by resolution and deleting the provision in Section 8.70.050(E) that specifies
a six -month period before the renaming of city streets is effective.
B. Resolution renaming B Street to Martin Luther King, Jr. Boulevard
The Acting City Clerk read the resolution by title only; McCLURE MOVED AND
JOHNSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by
unanimous roll call vote.
RESOLUTION NO. R- 2006 -49, A RESOLUTION of the City of Yakima, Washington,
renaming B Street to Martin Luther King, Jr. Boulevard, within the City of Yakima;
specifically providing that East B Street is renamed East Martin Luther King, Jr.
Boulevard, and West B Street is renamed West Martin Luther King, Jr. Boulevard; and
further providing that the renaming of B Street to Martin Luther King, Jr. Boulevard
becomes effective on June 1, 2006.
C. Ordinance renaming B Street to Martin Luther King, Jr. Boulevard
McCLURE MOVED AND LOVER SECONDED TO AMEND THE ORDINANCE BY
INSERTING THE DATE JUNE 1,' 2006. The motion carried by unanimous voice vote.
The Acting City Clerk read the ordinance by title only; McCLURE MOVED AND
LOVER SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous
roll call vote.
ORDINANCE NO. 2006 -09, AN ORDINANCE of the City of Yakima, Washington,
renaming B Street to Martin Luther King, Jr. Boulevard, within the City of Yakima;
specifically providing that East B Street is renamed East Martin Luther King, Jr.
Boulevard, and West B Street is renamed West Martin Luther King, Jr. Boulevard; and
further providing that the renaming of B Street to Martin Luther King, Jr. Boulevard
becomes effective on June 1, 2006.
20. Report and proposed legislation from Finance and Parks and Recreation regarding
Kiwanis Park ball field project:
A. Consider a Motion to approve alternative financing plan /funding for Fourth
Kiwanis Park ball field
City Manager Zais explained the problems experienced with the initial funding plans for
the fourth ball field at Kiwanis Park. The total cost of the package is now expected to
be approximately $750,000. It is important to keep the project alive. Possible funding
plans were discussed and staff spoke about the necessity of the fourth ball field in order
to attract tournaments. BONLENDER MOVED AND McCLURE SECONDED TO
APPROVE THE ALTERNATIVE FINANCING PLAN /FUNDING FOR THE FOURTH
KIWANIS PARK BALL FIELD. Council Member Bonlender spoke in support of the
motion. Council Members Cawley, Johnson and Lover spoke against it. JOHNSON
9
49
MARCH 21, 2006
MOVED TO TABLE THE DECISION UNTIL TUESDAY AT 9 :00 A.M. The motion
failed by 5 -2 roll call vote; Bonlender, Cawley, Edler, Lover, and McClure voting nay.
The question was called for a vote on the original motion. The motion failed by 4 -3
roll call vote; Cawley, Johnson, Lover, McClure voting nay.
B. Consider the first reading of Ordinance amending the 2006 budget and
appropriating funds for Kiwanis Park ball field project alternative financing
plan
An Ordinance amending the 2006 budget and appropriating funds for Kiwanis Park ball
field project alternative financing plan, was read by title only, and laid on the table until
April 4, 2006 for a second reading.
*21. Second Reading of Ordinance amending the 2006 budget and appropriating funds
for 2005 year -end encumbrances
An Ordinance amending the 2006 budget and appropriating funds for 2005 year -end
encumbrances, previously having been read by title only, was brought before the Council
for a second reading.
ORDINANCE NO. 2006 -10, AN ORDINANCE amending the 2006 budget for the City of
Yakima; and making appropriations for 2005 Year -end encumbrances from
unappropriated fund balances within various funds for expenditure during 2006.
*22. Second Reading of Ordinance amending the 2006 budget and appropriating funds
for the Committee for Downtown Yakima consultant services
An Ordinance amending the 2006 budget and appropriating funds for the Committee for
Downtown Yakima consultant services, previously having been read by title only, was
brought before the Council for a second reading.
ORDINANCE NO. 2006 -1, AN ORDINANCE amending the 2006 budget for the City of
Yakima; and making an appropriation of $55,000 within the 123- Economic Development
Fund and $35,000 within the 161- Downtown Parking and Business Improvement Area
Fund for expenditure during 2006 to provide for costs related to the downtown
redevelopment initiative.
23. Other Business
• Report from Council Members and staff regarding trip to Washington DC
Due to the lateness of the hour, this item was deferred to a later meeting.
• Set date of Public Hearing for April 18, 2006 regarding Yakima School District and
West Valley School District bonds for public improvements
WHITMAN MOVED AND McCLURE SECONDED TO SET APRIL 18, 2006 AS THE
DATE OF PUBLIC HEARING REGARDING SCHOOL DISTRICT BONDS. The
motion carried by a 5 -2 roll call vote; Cawley and Johnson voting nay.
10
4 9:I
MARCH 21, 2006
• Council Member Bonlender asked that the Council Transportation Planning sub-
committee review the expansion of "A" Street and Chestnut in the downtown area.
He also requested that the cruising night be changed from April 24 to April 17 due
to a car show being held at Miller Park.
i .
24. Adjournment
McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO TUESDAY, MARCH
2 8, 2006 AT 7:30 A.M. FOR A STUDY SESSION ON THE AMERICANS WITH
DISABILITIES ACT HANDICAP PARKING POLICY. The motion carried by unanimous
voice vote.
The meeting adjourned at 9:48 p.m.
.
1;�r Z.__ 7 �L
READ AND CERTIFIED ACCURATE BY
Co NCIL MEMBER DATE
��� 4-ii-6e—da-- I) - - 7. d%
COUNCle M BER DATE
ATTEST:
/ i
A LAT5 , 41_,41/4._.crcrt_,___. A ..1 ..Y_.
• CITY CLERK D A ID EDLER, MAYOR
Minutes prepared by Linda Watkins. A video tape of this meeting is available in the City Clerk's Office.
1
11